
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8253]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
             CHAPTER 91--NATIONAL ENERGY CONSERVATION POLICY
 
                SUBCHAPTER III--FEDERAL ENERGY INITIATIVE
 
                    Part B--Federal Energy Management
 
Sec. 8253. Energy management requirements


(a) Energy performance requirement for Federal buildings

    (1) Subject to paragraph (2), each agency shall apply energy 
conservation measures to, and shall improve the design for the 
construction of, its Federal buildings so that the energy consumption 
per gross square foot of its Federal buildings in use during the fiscal 
year 1995 is at least 10 percent less than the energy consumption per 
gross square foot of its Federal buildings in use during the fiscal year 
1985 and so that the energy consumption per gross square foot of its 
Federal buildings in use during the fiscal year 2000 is at least 20 
percent less than the energy consumption per gross square foot of its 
Federal buildings in use during fiscal year 1985.
    (2) An agency may exclude from the requirements of paragraph (1) any 
building, and the associated energy consumption and gross square 
footage, in which energy intensive activities are carried out. Each 
agency shall identify and list in each report made under section 8258(a) 
of this title the buildings designated by it for such exclusion.

(b) Energy management requirement for Federal agencies

    (1) Not later than January 1, 2005, each agency shall, to the 
maximum extent practicable, install in Federal buildings owned by the 
United States all energy and water conservation measures with payback 
periods of less than 10 years, as determined by using the methods and 
procedures developed pursuant to section 8254 of this title.
    (2) The Secretary may waive the requirements of this subsection for 
any agency for such periods as the Secretary may determine if the 
Secretary finds that the agency is taking all practicable steps to meet 
the requirements and that the requirements of this subsection will pose 
an unacceptable burden upon the agency. If the Secretary waives the 
requirements of this subsection, the Secretary shall, as part of the 
report required under section 8258(b) of this title, notify the Congress 
in writing with an explanation and a justification of the reasons for 
such waiver.
    (3) This subsection shall not apply to an agency's facilities that 
generate or transmit electric energy or to the uranium enrichment 
facilities operated by the Department of Energy.
    (4) An agency may participate in the Environmental Protection 
Agency's ``Green Lights'' program for purposes of receiving technical 
assistance in complying with the requirements of this section.

(c) Exclusions

    (1) An agency may exclude, from the energy consumption requirements 
for the year 2000 established under subsection (a) of this section and 
the requirements of subsection (b)(1) of this section, any Federal 
building or collection of Federal buildings, and the associated energy 
consumption and gross square footage, if the head of such agency finds 
that compliance with such requirements would be impractical. A finding 
of impracticability shall be based on the energy intensiveness of 
activities carried out in such Federal buildings or collection of 
Federal buildings, the type and amount of energy consumed, the technical 
feasibility of making the desired changes, and, in the cases of the 
Departments of Defense and Energy, the unique character of certain 
facilities operated by such Departments.
    (2) Each agency shall identify and list, in each report made under 
section 8258(a) of this title, the Federal buildings designated by it 
for such exclusion. The Secretary shall review such findings for 
consistency with the impracticability standards set forth in paragraph 
(1), and may within 90 days after receipt of the findings, reverse a 
finding of impracticability. In the case of any such reversal, the 
agency shall comply with the energy consumption requirements for the 
building concerned.

(d) Implementation steps

    The Secretary shall consult with the Secretary of Defense and the 
Administrator of General Services in developing guidelines for the 
implementation of this part. To meet the requirements of this section, 
each agency shall--
        (1) prepare and submit to the Secretary, not later than December 
    31, 1993, a plan describing how the agency intends to meet such 
    requirements, including how it will--
            (A) designate personnel primarily responsible for achieving 
        such requirements;
            (B) identify high priority projects through calculation of 
        payback periods;
            (C) take maximum advantage of contracts authorized under 
        subchapter VII of this chapter, of financial incentives and 
        other services provided by utilities for efficiency investment, 
        and of other forms of financing to reduce the direct costs to 
        the Government; and
            (D) otherwise implement this part;

        (2) perform energy surveys of its Federal buildings to the 
    extent necessary and update such surveys as needed, incorporating 
    any relevant information obtained from the survey conducted pursuant 
    to section 8258b of this title;
        (3) using such surveys, determine the cost and payback period of 
    energy and water conservation measures likely to achieve the 
    requirements of this section;
        (4) install energy and water conservation measures that will 
    achieve the requirements of this section through the methods and 
    procedures established pursuant to section 8254 of this title; and
        (5) ensure that the operation and maintenance procedures applied 
    under this section are continued.

(Pub. L. 95-619, title V, Sec. 543, Nov. 9, 1978, 92 Stat. 3277; Pub. L. 
100-615, Sec. 2(a), Nov. 5, 1988, 102 Stat. 3185; Pub. L. 102-486, title 
I, Sec. 152(b), (c), Oct. 24, 1992, 106 Stat. 2844, 2845; Pub. L. 104-
66, title I, Sec. 1052(b), Dec. 21, 1995, 109 Stat. 718.)


                               Amendments

    1995--Subsec. (b)(2). Pub. L. 104-66 in last sentence inserted ``, 
as part of the report required under section 8258(b) of this title,'' 
after ``the Secretary shall'' and struck out ``promptly'' after 
``Congress''.
    1992--Pub. L. 102-486, Sec. 152(b)(1), substituted ``requirements'' 
for ``goals'' in section catchline.
    Subsec. (a). Pub. L. 102-486, Sec. 152(b)(2), (3), in heading 
substituted ``requirement'' for ``goal'' and in par. (1) inserted before 
period at end ``and so that the energy consumption per gross square foot 
of its Federal buildings in use during the fiscal year 2000 is at least 
20 percent less than the energy consumption per gross square foot of its 
Federal buildings in use during fiscal year 1985''.
    Subsecs. (b), (c). Pub. L. 102-486, Sec. 152(b)(4), added subsecs. 
(b) and (c). Former subsec. (b) redesignated (d).
    Subsec. (d). Pub. L. 102-486, Sec. 152(b)(4), (c)(1), redesignated 
subsec. (b) as (d) and in introductory provisions substituted ``The 
Secretary shall consult with the Secretary of Defense and the 
Administrator of General Services in developing guidelines for the 
implementation of this part. To meet the requirements of this section,'' 
for ``To achieve the goal established in subsection (a) of this 
section,''.
    Subsec. (d)(1). Pub. L. 102-486, Sec. 152(c)(2), added par. (1) and 
struck out former par. (1) which read as follows: ``prepare or update, 
within 6 months after November 5, 1988, a plan describing how the agency 
intends to meet such goal, including how it will implement this part, 
designate personnel primarily responsible for achieving such goal, and 
identify high priority projects;''.
    Subsec. (d)(2). Pub. L. 102-486, Sec. 152(c)(3), inserted before 
semicolon at end ``and update such surveys as needed, incorporating any 
relevant information obtained from the survey conducted pursuant to 
section 8258b of this title''.
    Subsec. (d)(3) to (5). Pub. L. 102-486, Sec. 152(c)(4), (5), added 
pars. (3) and (4), redesignated former par. (4) as (5), and struck out 
former par. (3) which read as follows: ``using such surveys, apply 
energy conservation measures in a manner which will attain the goal 
established in subsection (a) of this section in the most cost-effective 
manner practicable; and''.
    1988--Pub. L. 100-615 amended section generally, substituting energy 
management goals statement for statement of purpose to promote (1) use 
of commonly accepted methods to establish and compare life cycle costs 
of operating Federal buildings, and life cycle fuel and energy 
requirements of such buildings, with and without special features for 
energy conservation and (2) use of solar heating and cooling and other 
renewable energy sources in Federal buildings.


                    Survey of Energy Saving Potential

    Section 3 of Pub. L. 100-615, which authorized Secretary of Energy 
to carry out an energy survey to determine maximum potential cost 
effective energy savings in federally used buildings and recommend cost 
effective energy efficiency and renewable energy improvements in those 
buildings, devise a plan for implementing such survey, and report its 
findings and conclusions to Congress, was repealed by Pub. L. 102-486, 
title I, Sec. 152(i)(3), Oct. 24, 1992, 106 Stat. 2851.

                  Section Referred to in Other Sections

    This section is referred to in sections 8256, 8257, 8258, 8258b, 
8262f, 8262j of this title.
